Glavey v. United States
Headline: Court rules a Treasury appointment cannot force a naval inspector to waive a law‑fixed $2,000 salary, reversing a lower court and allowing the inspector to recover the statutory pay.
Holding: The Court held that a Treasury Secretary could not require a special inspector to waive the statute’s $2,000 salary and that the inspector is entitled to recover that pay.
- Prevents departments from forcing officers to waive statutorily fixed pay.
- Lets appointed officers collect salaries Congress prescribed when they perform duties.
- Limits executive power to alter pay by private agreement.
Summary
Background
John Glavey, a local inspector of steam vessel hulls at New Orleans, was told by the Secretary of the Treasury in May 1891 that he would serve as a special inspector of foreign steam vessels “without additional compensation.” Congress had passed an 1882 law creating special inspectors with a $2,000 annual salary. Glavey took the oath, did not give the statutory bond, performed the special‑inspector duties from May 25, 1891, to May 27, 1894, and later sued the United States for the unpaid statutory salary. The Court of Claims denied his claim by a majority vote; a minority thought the statute fixed the salary and barred the Secretary’s condition.
Reasoning
The Court addressed whether the Secretary could lawfully require an appointee to waive a statutorily fixed salary. The Court said no. It relied on earlier decisions holding that taking an oath and accepting an appointment lets an officer perform duties even if a later ministerial act (like a bond) is not yet completed. More important, the Court held that an executive officer cannot override a clear act of Congress setting a salary by making the appointment conditional on a waiver. Any bargain that the appointee accept less pay is against public policy and ineffective to defeat the statute. The Court therefore reversed the Court of Claims and sent the case back for further steps consistent with this ruling.
Real world impact
The ruling makes clear that department heads cannot force statutory officeholders to give up pay fixed by Congress. Officers who were appointed and performed duties under such statutes can demand the salary Congress set. The decision applied while the 1882 statute remained in force and would change only if Congress altered the law.
Dissents or concurrances
The Chief Justice and three other Justices dissented. The opinion does not detail their arguments in this text.
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